Trade secrets, unlike patents can have potentially perpetual protection. Also, unlike patents or trademarks, trade secrets need not go through the often costly registration and prosecution procedures before they are granted. Rather, the holder of a trade secret must take proactive measures to keep the secret information confidential. This is often accomplished through confidentiality agreements, non-disclosure agreements, security methods and security protocols. Trade secrets often include such things as chemical compounds; customer lists; manufacturing processes; formulas for materials; and patterns for devices.

Some claims that arise frequently in trade secret litigation are misappropriation, interference, and breach of contract. Florida like many states has enacted the Uniform Trade Secrets Act (UTSA). It is recorded in § 688 of the Florida code.

The UTSA provides injunctive relief for both "active or threatened misappropriation." Damages may include both the actual loss caused by misappropriation and additionally any unjust enrichment caused by the misappropriation. In instances of willful or malicious behavior double damages may be awarded.

An attorney may advise you as to what might be a protectable trade secret as well as what methods and procedures are reasonable to keep it as such. They can draft non-disclosure and confidentiality agreements for you.